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Manjunatha K H vs The State Of Karnataka
2025 Latest Caselaw 6780 Kant

Citation : 2025 Latest Caselaw 6780 Kant
Judgement Date : 27 June, 2025

Karnataka High Court

Manjunatha K H vs The State Of Karnataka on 27 June, 2025

                                          -1-
                                                     NC: 2025:KHC:22595
                                                CRL.P No. 2174 of 2022


            HC-KAR



                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 27TH DAY OF JUNE, 2025

                                     BEFORE
                       THE HON'BLE MS JUSTICE J.M.KHAZI
                      CRIMINAL PETITION NO. 2174 OF 2022
                            (482(Cr.PC) / 528(BNSS))
            BETWEEN:

            1.    MANJUNATHA K H
                  S/O HUKRAPPA GOWDA
                  AGED ABOUT 36 YEARS
                  R/O THRINETRHA NILAYA
                  UDDANTHADKA HOUSE, PERALU POST
                  MANDEKOLU VILLAGE
                  SULLIA TALUK AND DISTRICT-574239

            2.    HUKRAPPA GOWDA
                  S/O LATE ITHAPPA GOWDA
                  AGED ABOUT 72 YEARS
Digitally         OCC: AGRICULTURIST
signed by         R/O THRINETRHA NILAYA
REKHA R           UDDANTHADKA HOUSE,
Location:         PERALU POST
High              MANDEKOLU VILLAGE
Court of
Karnataka         SULLIA TALUK AND DISTRICT-574239

            3.    SMT. LALITHA
                  W/O HUKRAPPA GOWDA
                  AGED ABOUT 62 YEARS
                  OCC HOUSEHOLD WORK
                  R/O THRINETRHA NILAYA
                  UDDANTHADKA HOUSE,
                  PERALU POST
                            -2-
                                        NC: 2025:KHC:22595
                                  CRL.P No. 2174 of 2022


HC-KAR



     MANDEKOLU VILLAGE
     SULLIA TALUK AND DISTRICT-574239
                                            ...PETITIONERS
(BY SRI.P.B.UMESH, ADVOCATE FOR
SRI. R B DESHPANDE, ADVOCATE)
AND:

1.   THE STATE OF KARNATAKA
     BY DAKSHINA KANNADA WOMEN POLICE STATION
     PUTTUR SUB DIVISION
     DAKSHINA KANNADA-574 201
     (REPRESENTED BY STATE PUBLIC PROSECUTOR
     HIGH COURT BUILDINGS
     BENGALURU-560 001)

2.   SMT. KAVITHA K.B
     W/O MANJUNATHA K.H
     D/O BALANNA GOWDAR
     AGED ABOUT 28 YEARS
     C/O SANJEEV GOWDA
     S/O B. KRISHNAPPA GOWDA
     R/O MARILU HOUSE, KARIYALA RAOD,
     DARBE POST, PUTTUR TALUK
     D.K. DISTRICT-574201
                                           ...RESPONDENTS
(BY SRI.M.R.PATIL, HCGP FOR R1;
SRI.VENKATESH.S.ARABATTI, ADVOCATE FOR R2)


     THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.293/2020 PENDING ON THE FILE OF
THE PRINCIPAL CIVIL JUDGE AND JMFC, PUTTUR D.K.,
(CHARGE SHEETED FOR THE OFFENCES P/U/S.498-A R/W
SEC.34 OF IPC AND SEC.3 AND 4 OF DP ACT 1961 IN
CR.NO.25/2019 OF DAKSHINA KANNADA WOMEN POLICE
STATION, PUTTUR SUB DIVISION, D.K. DISTRICT.
                                  -3-
                                               NC: 2025:KHC:22595
                                           CRL.P No. 2174 of 2022


HC-KAR



    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:    HON'BLE MS JUSTICE J.M.KHAZI


                           ORAL ORDER

Petitioner No.1/Accused No.1 and respondent

No.2/complainant as well as their respective learned

counsel are present.

under Section 482 of Cr.P.C, to quash the criminal

proceedings in C.C.No.293/2020, pending on the file of

Prl.Civil Judge and JMFC, Puttur, D.K., for the offences

punishable 498A r/w Section 34 of I.P.C and Sections 3

and 4 of Dowry Prohibition Act.

3. I.A.No.1/2025 is filed under Section 320(1) and

(8) r/w Section 482 of Cr.P.C., supported by joint affidavit

of accused No.1 and respondent No.2/complainant. A

certified copy of memorandum of petition filed under

Section 13B of Hindu Marriage Act, 1955, filed in

M.C.No.117/2024 is also produced.

NC: 2025:KHC:22595

HC-KAR

4. The terms and conditions of settlement arrived

at between the parties stated in joint affidavit appended to

I.A.No.1/2025 are reads as under:

"1.That the Petitioners/accused has preferred the above Criminal Petition challenging the impugned criminal proceedings in C.C. No. 293/2020 on the file of Prl. Civil Judge and JMFC, Puttur, D.K. (charge sheeted for the offences punishable under Section 498A R/W 34 IPC and Sections 3 and 4 of Dowry Prohibition Act 1961 in Crime No. 25/2019 of Dakshina Kannada Women Police Station).

2. That now we, the petitioner No.1 and the Respondent No.2/original complainant (the couple) decided to separate from each other by dissolving our marriage by filing mutual consent petition on the advice of elders of family members and well- wishers and thus we come to an amicable settlement regarding all the disputes with the petitioners herein. Accordingly we had filed MC No.117/2024 on the file of Prl.Senior Civil Judge and ACJM, Puttur, Dakshina Kannada under Section 13B of Hindu Marriage Act 1955 to pass a judgment and decree of divorce by mutual consent in favour of us by dissolving our marriage. The certified copy of the memorandum of petition is filed herewith and the same may kindly be read as part and parcel to this

NC: 2025:KHC:22595

HC-KAR

compounding application. It is submitted that in the said petition I, Smt.Kavitha/Respondent No.2 herein has undertaken and agreed to withdraw all the allegations and complaints against petitioners herein filed before the various courts of law including in CC No.293/2020 which is pending before Hon'ble Principal Civil Judge and JMFC Puttur. As consequence, I, Smt. Kavitha/Respondent No.2 herein do not intend to proceed against the petitioners in the above case. That the settlement arrived between us is voluntary and without any undue influence. Under these circumstances this Hon'ble High Court may be pleased to permit us i.e. the petitioners and respondent No 2/complainant to compound the case by quashing the criminal proceedings against the petitioners.

IT IS THEREFORE prayed that this Hon'ble High Court may be pleased to permit us i.e. the Petitioners and the Respondent No. 2/Complainant to compound the offence and be pleased to quash the criminal proceedings against the petitioners in C.C. No. 293/2020 on the file of Prl. Civil Judge and JMFC, Puttur, D.K. (charge sheeted for the offences punishable under Section 498A R/w 34 IPC and Sections 3 and 4 of Dowry Prohibition Act 1961 in Crime No. 25/2019 of Dakshina Kannada Women Police Station) in the interest of justice.

NC: 2025:KHC:22595

HC-KAR

5. Respondent No.2/complainant admit the

compromise and submits that she has no objection to

allow the petition. The terms and conditions of compromise

petition are legal and equitable. The same is accepted,

I.A.No.1/2025 is allowed and accordingly, following:

ORDER

(i) The petition filed under Section 482 of

Cr.P.C, is allowed.

(ii) The entire proceedings in C.C.No.293/2020

(Crime No.25/2019) on the file of Prl. Civil

Judge and JMFC, Puttur, D.K, is hereby

quashed.

(iii) The Registry is directed to send copy of

this order to the trial Court forthwith.

Sd/-

(J.M.KHAZI) JUDGE

ASN

 
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